March 10, 1954 (22nd Parliament, 1st Session)


Edmund Davie Fulton

Progressive Conservative

Mr. Fulton:

I shall read subsection 1:
Any court by which and any judge under part XVIII, or magistrate under part XVI, by whom judgment is pronounced or recorded, upon the conviction of any person for treason or any indictable offence, in addition to such sentence as may otherwise by law be passed, may condemn such person to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted, if to such court or judge it seems fit so to do.
2. Such court or judge may include in the amount to be paid such moderate allowance for a loss of time as the court or judge, by affidavits or other inquiry and examination, ascertains to be reasonable.
2A. Such magistrate may also include in the amount to be paid the fees, for the appropriate items, as mentioned in the tariff set out in section seven hundred and seventy of this act.
Expenses and allowances for loss of time and so on could have been ordered to be paid by convicted persons under section 1044. That right appears to have been discontinued. I bring it up here because the clause now under consideration, 631, gives an accused person in certain cases, where judgment is given for him, a right to his costs. Yet as I point out the right to recover expenses which was previously there for an informant or prosecutor for whom judgment was given or on whose information or prosecution judgment was given is taken away.

Topic:   '2862 HOUSE OF COMMONS
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